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Ratings. Guidance. The Right Lawyer.
If I break the lease, does the landlord have to give me back the deposit??
San Diego, CA
Viewed 37 times.
Posted about 1 month ago in Landlord / Tenant
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Or he must give it to me and later on sue me for he rest, I am asking this because I told him that I am moving and I found a new tenant to take over the lease, he is not pickng the phone since they met, and the new tenant candidate is getting desperate becase he is not gettin a answer, I have all the proof to demonstrate in court that he is not trying to mitigate loses, the new candidate has a flawless credit, but he is not going to wait forever for the landlord's decision to aprove him, so I am sure that he landlord wants him to step back and then keep my deposit (and sue me for the rest later)
¿when I move out is his obligation to give me back the deposit and later sue me for the rest, or should I move and then sue him for the deposit? Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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The landlord has 21 days after you vacate to refund the portion of your security deposit that's left after deducting damages and itemize the deductions. Please see the link below. However, since unpaid rent is deductible and you broke the lease, the landlord can deduct unpaid rent. But if he ignores the 21 day requirement, he could be liable for bad faith retention penalties.
You're doing the right thing by documenting having a replacement tenant. You and/or the prospective tenant should put in writing, sent via certified mail or Fed-Ex so you can prove receipt, that the tenant has been trying to contact him to rent the unit. Also make sure you videotape the condition of your unit when you leave. You'll have a good defense if he sues you. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
